Mamakating, Bloomingburg in power struggle

Amanda Loviza Times Herald-Record

Friday

Jul 15, 2016 at 8:13 PMJul 15, 2016 at 10:32 PM

BLOOMINGBURG — The Town of Mamakating was not immediately slapped with a lawsuit after rescinding approvals for future occupation of the Chestnut Ridge housing complex in the Village of Bloomingburg, as promised by attorneys for the developers. But that may be simply because the attorneys see it as a battle already won.

Two days before the Mamakating planning board, which has overseen Bloomingburg planning since 2014, voted to rescind subdivision and site plan approval for Chestnut Ridge, the Bloomingburg Village Board voted to terminate the inter-municipal agreements that give power over village planning and zoning to the town.

Under the inter-municipal agreement, either party may sever the partnership with 60 days’ notice. Bloomingburg will have a public hearing on the change on Aug. 11, and the termination could go into effect Sept. 9. Candidates for new village boards have not been announced.

The termination technically cannot become official for 60 days, but village attorney Philip Butler made the village government’s wishes clear in a letter to the town on Wednesday, when he informed Supervisor Bill Herrmann of the village’s vote to end the agreement and said the town “should immediately cease and refrain from all further action on any and all planning and zoning matters affecting real property within the Village.”

Herrmann was not part of the rescission vote, but said Friday that the inter-municipal agreement clearly defines a 60-day termination period, and in the meantime, the town planning board and zoning board of appeals still have authority over the village.

“We obey the law here in Mamakating, and we honor our contracts,” Herrmann said. “And that is the contract.”

“The Town of Mamakating no longer has authority for planning and zoning decisions in Bloomingburg,” Fragin said. “The decision this past Wednesday was reckless and will only serve to burden the taxpayers of Mamakating with millions of dollars in legal fees and damages."

John Henry, attorney for Lamm’s company Sullivan Farms, confirmed Thursday that they had not filed a lawsuit against Mamakating following the rescission vote, as previously threatened, but he declined to comment further.

The town planning board said it rescinded approvals based on “material false statements and misrepresentations” revealed in old developer documents that came to light in April, describing a much larger scope for Chestnut Ridge than described in its 396-unit site plan. The 45 units that already have certificates of occupancy will not be affected by the vote.

alovizavickery@th-record.com

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